Long one. Advice Please. Online retailer cancelled my order and had my money for nearly a month.

Tonyburrito

Hello people. I have a quite unique problem.

Basically I buy bulk and sell things on. On 7th November a new coin was released. I've saved up and waited for this coin for months. Anyway the coin goes up for sale at 3pm November 7th. The website was crashing and people were struggling to place orders. I placed an order at 3.38pm for 100 coins.
First try the payment didn't go through. Second try the payment went through. So I sat back and relaxed and thought job done.
At this point the Facebook account for the company was reassuring customers that plenty of stock was available and not to worry and that once traffic on the website went down orders would be processed. Later that night they had sold out but the next day they also put more for sale

A week later. People start receiving their coins and posting photos to Facebook etc. I thought no problem don't worry they will probably take ages with mine because it's a large order.

Last week I still hadn't got them and I was getting a bit angy because the price had doubled since release and was falling rapidly so I have been losing money. So I complained to customer servces on Thursday. I had already had a complaint previously that week for a second unrelated order to same website.
They got back to me with an email saying my order is not in the system because my card was declined. I replied with I don't think so the payment went through and has been gone since the 7th. They said they would investigate and get back to me.
Today they have sent me this:-
Dear Mr Haslam,

We hope you are well.
Please be advised that we got in touch with your banking provider and received the following update:
After several unsuccessful payment attempts your card has been declined several times therefore your money has been withheld by your bank.
Kindly note that for this reason your order never reached us.
We kindly ask you to check your balance as the bank will refund you for this payment in the next 24 hours.

We do apologise for the inconvenience.

What should my next move be? What are my rights?
Ideally I would like them to fullfill the order but not sure what to do.

theonlywayisup

This sounds like a B2B transaction.

Have you been in touch with your bank (do they know you are operating a business?).

waamo

You have the right to order again at the current price. That's about it really.

It isn't their fault the payment didn't go through and not only that this is a business to business transaction rather than a business to consumer transaction.

Tonyburrito

I'm not a business. I usually buy 10 or so of a thing but this was a banker so went big. I don't make enough money to declare anything

Carrot007

Tonyburrito wrote: »

I'm not a business. I usually buy 10 or so of a thing but this was a banker so went big. I don't make enough money to declare anything

If you buy 1 item to sell on for profit you are a business.


Don't be another boring person in denial.

waamo

Tonyburrito wrote: »

I'm not a business. I usually buy 10 or so of a thing but this was a banker so went big. I don't make enough money to declare anything

This board seems to attract people who don't know what a business is.

Tonyburrito

I'm a collector. I buy them on the off chance of an error. They increase in value and I sell a few over time it's hardly a business but call it what you want.

KatrinaWaves

Tonyburrito wrote: »

Hello people. I have a quite unique problem.

Basically I buy bulk and sell things on. .

Did you forget about this?

maisie_cat

Tonyburrito wrote: »

Hello people. I have a quite unique problem.

Basically I buy bulk and sell things on.
Last week I still hadn't got them and I was getting a bit angry because the price had doubled since release and was falling rapidly so I have been losing money.

You are a business, any intent to buy and sell creates a business. In any case, as you have not paid it appears because your payment failed, so there isn't even a contract regardless of any attempt to avoid the obligations of running a business.
I do hope you are not claiming any means tested benefits and failing to tell DWP about your moneymaking "hobby"

Tonyburrito

Maybe I could have worded the original text better but I have never done anything like this before on this scale. My intention was to sell a handful of these but to hold onto the rest as an investment.
The payment didn't fail. They had, and still have my money and are only lying to get out of the fact there is or should be a contract.
I have a full time job, pay tax an NI. No need to get so personal. In 12-18 months i have sold a few spares and don't make profit most of the time.

So is there a solution or does anyone else want to troll me before I go?

waamo

If you bought them with the intention of selling them on for a profit then it is a business transaction. Your employment status matters not.

Your last post is a world away from your original one. Nobody is trolling you remember garbage in garbage out.

Sadly the updated information doesn't really help you. Get your money back and move on. You can't force them to sell the items to you.